HomeMy WebLinkAbout18666 ORD - 01/29/1985AN ORDINANCE
DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT
OF.
River View Trail, from Smith Drive to River Forest Drive;
AND DECLARING AN EMERGENCY.
improve theHhereinafterCnamed st eet(s) within the Citt necesrto permanently
p y of Corpusary Christi
104105 CHRISTI
NOW, , TE%AS THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SECTION 1. That the following street(s) shall be improved by the
raising, grading, filling, widening, paving, repaving, or repairing same, by the
construction, reconstruction, repairing or realigning concrete sidewalks, curbs,
gutters and driveways where the City Engineer determines adequate sidewalks,
curbs, gutters and driveways are not now
installed on proper grade and line, and
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by constructing such stoma s end drains, together with all other
incidentals and appurtenances, allas deemed adequate by the City Engineer and
s provided for in the plans and specifications for such improvements, said
street(s) to be paved and curbs and gutters installed as shown on the plans and
specifications for such Improvements on file in the office of the City Engineer
River View Trail, from Smith Drive to River Forest Drive,
SECTION 2. That the cost of said improvements shall be assessed
against property and paid for as follows, to -wit'
A. Impro ements - Street shall contain a pavedrface, plus two feet
(2') of curb and gutter section oneach side, a minimum of four -foot (4') wide
sidewalk on each side, or wider where needed, plus driveways as needed The
paved surface shall be as determined by the Department of Engineering and
Physical Development.
B. Assessment Rates - Property owners abutting on each side of the
street shall be assessed on the front foot basis as follows
1 Ninety percent (90%) of cost of improvements relating to
pavement for one-half of the street abutting property. Such
improvements shall i clude e c v tion, caliche base, shell
base, lime stabilized base, asphalt oil,sphalt surface or
concrete, and include eight percent (B o
%) f construction
costs for engineering. In calculating this rate, credit
shall be given to the abutting owners for an assumed 1B -foot
wide section of pavement which will be an assumed 9 feet
abutting such property, where pavement exists. Where such
9 -foot wide section of pavement or portion thereof exists,
18666
the same shall be credited to the abutting owner only in the
event such pavement exits between the centerline of the
original right-of-way dedication and the abutting property
line of the property to be assessed Where such 18 -foot
section of pavement or portionthereof does n the
abutting ow shall be assessed up to 90% of then actual
cost of construction of such section, including engineering,
regardless of any maximum rates established herein. The
absence of a paved all-weather road will imply totally
new construction to lieu of reconstruction.
2. One hundred percent (100%) of cost of c nstruction of
curb and gutters, plus eight percent (8%) of construction
costs for engineering.
3. Eighty percent (80%) of cost of construction of sidewalk
plus eight percent (8%) of construction for engineering.
4 One hundred percent (100%) of cost of construction of
driveways, plus eight percent (8%) of construction casts for
engineering.
The above method shall be used regardless of depth and shape of lot
and any peculiar characteristics, Subject, however, to a finding by the City
Council of inequality or injustice and corresponding adjustment.
L Assessment Policy - General.
Credit shall be given for existing curbs, gutters, sidewalks and
driveways, if they meet the standards of the City of Corpus Christi at the time
of construction, and for the amount shown to have been previously spent for
permanent type pavement by the abutting property owner, in excess of the 9 -foot
wide pavement credit abutting the property as described above. Where such
credits are given they 111 be based o a 30 year life for curb and gutter,
sidewalks and driveways (i.e. prorate credits). No credit will be given far
such improvements which have been in service in excess of 30 years.
1. Property which sides along the street being improved
shall be a sessed at the rate computed above including
driveways. s
2. Property backing onto a street being improved will be
assessed the same
rate a above except 1f access i5
prohibited, then the rate will be reduced by 50%.
3. The sidewalk rate shall be a maximum of $1.00 per square
foot.
4. Where it becomes netessary to construct a header curb
along the property line of commercially used properties to
prevent vehicles from parking, backing or turning on the
sidewalk, or to construct retaining wall to provide lateral
support for abutting property, such header curb or retaining
wall will be 100% assessed, plus 8% of construction costs
for engineering, against such abutting property.
When the City Council finds that the property being assessed meets the
following criteria, a special rate will be established as indicated below.
a. The property is platted and used for one or two-family
residential use. and
b. The property is zoned R -1A or R-18 and contains a maximum
gf ane single-family dwelling, or
c. The property is zoned R-2 and contains no more than two
one -family dwellings or one two-family dwelling
d. The property s owned by and used far church, parish
hall, temple, convent or monastery purposes
e. The property is owned by a college, orschool, both
public ornonprofit private, and is in use for such college
or school purposes at the time of assessment.
The a ent rate on properties meeting the above criteria shall not
teed 09.75 per linear foot for curb, gutter and pavement and 01.00 per square
foot for sidewalks. Driveways shall be assessed at 100% of cost. Property
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siding o assessed being improved shall be a ssed not exceeding 50% of the
rate for curb, gutter, pavement and sidewalk, the determination of siding will
be dependent upon the actual location of improvements on the property.
Driveways shall be excluded from this provision.
Property backing on the street being improved shall not bess d
for curb, gutter and pavement unless driveway access is
allowed, then the
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property will be assessed 50% of the residential fronting rate for curb,
gutter and pavement, and 50% of the residential rate for sidewalks except
that where sidewalk exists in front of the property there will be no sidewalk
assessment. Drivewayaccess
shall be prohibited where the City Traffic
Engineer determines thattraffic, pedestrian or other conditions render the
construction of driveways unsafe orcontrary to the public interest, or where
such restriction Is placed on the approved plat of said property If
property being assessed 1s over 250 feet In dept, the assessment rate shall
be the same as ifthe property were fronting the street.
table
Assessment rates per this ordinance are summarized in the following
SUMMARY OF ASSESSMENT RATES
Maximum Maximum Maximum
Fronting Rate Siding Rate Sacking Rate
PROPERTY PLATTED AND USED FOR 0-18, R-113, or R-2 as
described herein
a) Curb, gutter
and b) Sidewalknt
c) Driveway
d) Header Curb
$9.75 L F. $4.58 L.F. *0% min. -50% max.
1.00 S.F. 0.50 S.F. *00 min. -50% max.
100% of bid price 100% of bid price 100% of bid price
100% of bid price 100% of bid price 100% of bid price
PROPERTY NOT MEETING CRITERIA OR SPECIAL MT
a) Curb, Gutter
and Pavement
1Sidewalk
Driveway
Header curb
$19.50 L F $19.50 L.F. *019 50 L F.
1.00 S.F 1 00 S.F. 1.00 S.F.
100% of bid price 100% of bid price 100% of bid price
100% of bid price 100% of bid price 100% of bid price
except as provided elsewhere in this ordinance
The above rates for curb and gutter and pavement only 3ppty if a paved
all-weather road exists at property at time of assessment. Where no all-weather
road exists with asphalt or
concrete surface, the rates as calculated under
Section 1, paragraph B shallapply
0. Payment of Assessment. Any property owner
against whom and
against whose property assessment t has been leviedy pay the whole
assessment chargeable to him without interest within thirty (30) days after the
acceptance and completion of said improvements. Any property owner may exercise
the option by agreement to pay the cot as ssed in equal monthly installments
not to e one hundred twenty (120) number, the first of which shall be
payable within thirty (30) days from the date of completion of said improvements
and their acceptance by the City of Corpus Christi, and one installment each
month thereafter until paid, together with Interest thereon at the rate of eight
percent (8%), with the provision that any of said installments may be paid at
any time before maturity by the payment of the principal and accrued interest
thereon.
E. Reverting of Assessment Rates - Rates for assessments a indicated
herein will not apply to properties abutting those streets not reconstructed a
part of the program entitled "Voluntary Paving Program" approved in the General
Referendum Bond Election held on November 8, 1977, and further described as
Various Neighborhood Streets in Proposition No. 9 on the ballot for such
referendum. For purposes of levying assessments against such properties
abutting such Various Neighborhood Streets herewith identified as Balli Drive -
Mediterranean Drive northerly to cul de sac, Main Drive from Leopard Street to
Sedwick Street, and Houston Street from Kostoryz Street to Green Grove, said
streets will 00
sssed using rates as established per Ordinance No 15779
passed and approved by the City Council an September 24, 1980.
That no such assessments shall be made against any owner of abutting
property, o of a street railway or steam railway, if any, until after the
notice and hearing provided by law, and nos ment shall be made against an
owner n
of abutting property i of the benefits to such property in
enhanced value thereof by meansof such improvements.
For that part of the cost of the improvements that shall be determined
to be levied against the owners of abutting property and their property shall be
levied by a ment as herein provided, and said improvements y further be
secured by Mechanic's Liens to be executed in favor of the City of Corpus
Christi, provided by law in accordance with the terms and provisions of this
ordinance. Paving certificates evidencing the after the notice and hearing
provided by law, and noassessment shall be made against an owner of abutting
property in excess of the benefits to such property in enhanced value thereof by
means of such improvements
For that part of the cost of the improvements that shall be determined
to be levied against the owners of abutting property and their property shall be
levied by assessment as herein provided, and said improvements may further be
secured by Mechanic's Liens to be executed in favor of the City of Corpus
Christi, provided by law in accordance with the terns and provisions of this
ordinance. Paving certificates evidencing the assessment shall be Issued i
favor of the City of Corpus Christi for the amount of the a ment,whether
the property owners have executed Mechanic's Liens to secure the payment or not,
and shall be payable for the purpose of financing paving improvement costs.
That the City Engineer, in accordance with the above instructions, is
hereby directed to coordinate the preparation of plans and specifications and
file same with the City Council for the hereinabove described improvements.
That in the specifications prepared, provision shall be made to require all
contractors to maintain, for a tern not less than one year, all pavements and
improvements hereinabove described, if, in the ,judgment of the City Council, it
is deemed advisable to require same.
That such specification shall require the bidder to make a bid upon
the type of improvements above described, with maintenance requirements as
herein provided.
That the specifications shall also state the amount of the performance
band and payment bond, each of which shall equal the amount of the bid, as well
as the method by which it is proposed to pay the cost of said improvements, said
method being in accordance with this ordinance.
SECTION 3. That the City Council, in initiating this proceeding,
is acting under the terms and provisions of the Act passed as the First
Called Session of the Fortieth Legislature of the State of Texas and known a
Chapter 106 of the Acts of said Session, together with any amendments thereto,
now shown as Article 1105b of Vernon's Texas Civil Statutes, which said law, as
n alternative method for the construction of street improvements in the City of
Corpus Christi, Texas, has been adopted by the said City.
SECTION 4 That after approval by the City Council of plans and
specifications, bids shall be taken for the construction of the work for the
type of construction enumerated above and set forth in said plans and
specifications, and the work shall be done, with the materials and according
to plans and methods selected by the City Council, after the bids are opened
and contract awarded.
SECTION 5. That it is further provided as is stipulated by the
provisions of the Charter of the City of Corpus Christi, Texas, and the laws
above identified, that said Improvements may be omitted in front of any
property exempt from the lien of special assessment for street improvements
without invalidating or affecting the assessments against the other property
abutting upon said street. Further, theCity Secretary of the City of Corpus
Christi, Texas, is hereby authorized and directed to prepare a notice in the
narm of the said City of Corpus Christi of action taken herein and to have
me filed by the County Clerk of Nueces County, Texas, among the Mortgage
Records of said County
SECTION 6. That upon written request of the Mayor or five Council
members, copy attached, to find and declare an emergency due to the need to take
immediate action to preserve and protect public property by expediting the
construction of public improvements, such finding of an emergency ismade and
declared requiring suspension of the Charter rule as to consideration and voting
upon ordinances or
r es lutions at three regular meetings so that this ordinance
is passed and shalltake effect upon first reading as n emergency measure this
the 29th day of January, 1985.
ATTEST
APPROVED
J. BRUCE
By
HAY;
THE TY OF CORPUS CHRISTI, TEXAS
OF JANUARY, 1985'
CITY ATTORNEY
Assi Ytknt City Attorney
Corpus Christi, T xas
.2ri4 day of , 1985
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the r set forth in the emergency clause of the foregoing ordinance
or resolution, m
an emergency existsrequiring suspension of the Charter rule
as to consideration and voting upon ordinances or solutions at three
regular meetings, I/we, therefore, request that you suspend said Charter rule
and pass this ordinance or resolution finally on the date it is introduced,
or at the present meeting of the City Council.
Respectfully, Respectfully,
AY
Council Members
THE CIYY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the fallowing vote:
Luther Jones
Betty N. Turner
David Berlanga, Sr
Welder Brown
Lea Guerrero
Dr. Charles W. Kennedy
Joe McComb
Frank Mendez
Ilary Pat Slavik
18666
9011971 iutt12029
THE STATE OF TEXAS 4
COUNTY OF NUECES 4
422741
NOTICE
KNOW ALL MEN BY THESE PRESENTS.
That the City of Corpus Christi, acting by and through its duly
elected and constituted City Council, on the 29th day of January 29, 1985, by
Ordinance No. 18666 determined the necessity for and ordered the improvement of _ _
a portion of the following street.
River 8100 Trail, from Smith Drive to River Forest Drive;
within the City of Corpus Christi, Nueces County, Texas, said streets within the
limits above described to be improved by the raising, grading, filling,
widening, paving, repaving or repairing same and by the construction,
reconstruction, repairing or realigning of concrete sidewalks, curbs,
gutters, and driveways where the City Engineer determines adequate sidewalks,
curbs, gutters and driveways are not now
nstalled on proper grade and line,
and by the construction of such storm sewersand drains, if any, together
with all other necessary incidentals andappurtenances, all as deemed
adequate by the City Engineer and as provided far in the plans and
specifications for such improvements thereof as prepared by said City
Engineer.
That Ordinance No. 18666, passed by the City Council on the 29th day
of January, 1985, provided that the amounts payable by the real and true owners
of said abutting property shall be paid and become payable in one of the
following methods at the option of the property owner
1. A11 in cash within thirty (30) days after completion and
acceptance by the City or,
2. Payment 1n monthly installments not to exceed one hundred
twenty (120) in number, the first of which shall be payable within thirty
(30) days fromthe completion of said improvements and their acceptance by
the City of Corpus Christi and one installment each month thereafter until
paid, together with interest thereon at the rate of eight percent (8%) with
the provision that any of said installments may be paid at any time before
maturity by the payment of the principal and accrued interest thereon. Any
property o r against whom and against whose property an e t has been
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levied may pay the whole assessment chargeable to him withoutinterest within
thirty (30) days after theacceptance and completion of said improvements.
And said ordinance further provided that the amounts payable by the abutting
property, and the real and true owners thereof shall constitute a first and
prior lien onsuch abutting property and a personal liability of the real and
true owners thereof.
DEED RECORDS
VCL 1955 ' ` 505
A hJu971 war2030
DEED RECORDS
VOL 1955 W.E 506
Therefore, the City of Corpus Christi has caused this Notice to be
filed by Dorothy Zahn, Acting City Secretary, a d tg _ he affictal seal of the Cly
to be hereto affixed this the /$44_ day of 7i'lairve.! , 19 p
CITY OF CORPUS CHRISTI
By
40
Dorot y Zahn, A g ,ty Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
BEFORE ME, the undersigned authority, on this day personally appeared
DOROTHY ZAHN, Acting City Secretary of the City of Corpus Christi, known to me
to be the person whoseam e is subscribed to the foregoing instrument and
acknowledged to that hesigned the same in her capacity as Acting City
Secretary, for the purpose and consideration therein expressed, and as the act
and deed of said City of Corpus Christi
GIVEN UNDER MY HAND AND SEAL this the _ ° day of
M IPQL , l9 r'1
to
TERREESA R5itOOV?4
� 14R4 L2_ 210-/l
Nueces PC unty/State of Texas
�uxiYreiaxuFtt3�
FILED FOR RECORD
HA! 15 3000PPR''885
e
MAR 15 1915
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